The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Block
means an area of land bounded by streets, or by a combination of streets and public parks, cemeteries, rights-of-way, airport boundaries, watercourses, city boundaries, or other man-made or natural boundaries.
Block face
means a side of a block in which lots or tracts face an abutting street; provided, however a block face shall not exceed 2,640 feet.
Change of use
means:
(1) 
The cessation or conversion of the use of structure from a private residence or single-family dwelling unit to some other nonresidential use or combination of nonresidential or multifamily residential uses; or
(2) 
Any continuation of any pre-existing nonresidential use or combination of nonresidential or multifamily uses if such nonresidential or multifamily uses ceased to operate for a continuous period of one year.
Commercial property
means a property that does not otherwise operate as a home occupation in which any for-profit or non-profit business is located and is the primary use of the property; or multifamily housing in which more two or more dwelling units exist.
Home occupation
means any occupation or business activity carried on principally by the inhabitants of a dwelling, which is clearly incidental and secondary to the use of the dwelling for dwelling purposes.
Private residence
means a dwelling structure designed for occupancy by a single family, whether occupied or not.
Project
means any construction or expansion of a new or existing structure or improvement within a residential neighborhood, or the renovation or repair an existing structure in more than 50 percent of the value of the structure that is located within a residential area.
Residential neighborhood
means:
(1) 
A subdivision for which a plat is recorded in the real property records of the county and that contains or is bounded by public streets or parts of public streets that are abutted by residential property occupying at least 75 percent of the front footage along the block face;
(2) 
A subdivision for which a plat is recorded in the real property records of the county and a majority of the lots of which are subject to deed restrictions limiting the lots to residential use;
(3) 
A block that is divided into four of more lots or tracts and in which 75 percent or more of the lots or tracts are contain a private residence; or
(4) 
A block face that has been divided into at least four or more lots or tracts and at least 75 percent of the front footage along the block face are lots or tracts on which there is a private residence.
(Ordinance 08-655, sec. 1, adopted 4/10/08; Ordinance 10-683, sec. 2, adopted 1/14/10; 2007 Code, sec. 12-350; Ordinance 25-988 adopted 2/27/2025)
(a) 
No plat or development plat shall be approved for a project unless the project complies with the requirements of this article.
(b) 
The building official shall not issue any permit for any project unless the project complies with the requirements of this article.
(Ordinance 08-655, sec. 1, adopted 4/10/08; 2007 Code, sec. 12-351)
(a) 
New construction of any project that is not a private residence or a single-family accessory building as defined in chapter 9, section 9.06.002 is not permissible within a residential neighborhood.
(b) 
A change of use from an existing private residence to a commercial property within a residential neighborhood is prohibited.
(c) 
Home occupations may be permitted within residential neighborhoods, subject to the following conditions:
(1) 
All home occupations must be conducted entirely from within the principal dwelling and attached garage or one accessory building except for home occupations that are outdoor activities as described below.
(2) 
Use as home occupation is limited to the members of the family or other residents residing in the dwelling unit and one additional employee. Employees that do not visit the home as part of their job are excluded from this provision.
(3) 
Outdoor activities shall only be allowed subject to the following conditions:
(A) 
Performance of the activity shall not be visible from the street;
(B) 
Performance of outdoor activity shall be solely located and contained in the rear yard;
(C) 
Operation of hours for outdoor activities shall be between the hours of 8:00 a.m. and 8:00 p.m.;
(D) 
All persons must have access to a permanent restroom facility in the principal dwelling unit, attached garage or an accessory building connected to water and sewer; and
(E) 
For swimming lessons and water safety instruction, provided that such instruction involves no more than four pupils at any one time.
(4) 
No vehicular traffic shall be generated by the home occupation business in greater volumes than would be reasonably expected in the residential neighborhood or create unreasonable parking or traffic congestion for the abutting or adjoining neighbors or for the immediate neighborhood. Parking shall only be permitted on improved surfaces; parking in front, side or rear yards is prohibited. Any parking of vehicles must be consistent with city ordinances. Any parking or traffic of such character, intensity and continued duration, which substantially interferes with the comfortable enjoyment of private homes by persons of ordinary sensibilities, shall be considered unreasonable. It shall be a defense to prosecution under this subsection (c) that the parking or traffic created was reasonable under the totality of the circumstances existing in the neighborhood. Upon request of the residents of the neighborhood, the public works and police departments shall review the traffic impacts to the neighborhood and, if applicable, require a traffic management program.
(5) 
The use of residence as a home occupation must be clearly incidental and secondary to the residential use of the dwelling and may not alter the existing residential character of the principal dwelling or the garage/accessory building. A home occupation that requires structural alteration of the principal dwelling or garage/accessory building to comply with nonresidential construction code is prohibited, except for accessibility requirements.
(6) 
A change in the outside appearance of the dwelling unit or lot indicating the use or conduct of a home occupation, including advertising signs or displays is prohibited. All equipment, goods, wares, merchandise or materials associated with home occupation, including equipment, goods, wares, merchandise or materials located in or on vehicles, must not be visible from any public street or public right-of-way or from other locations off the premises.
(7) 
The direct sale of commodities, goods, wares, materials, merchandise or products to the general public is prohibited, however orders may be filled on the premises to persons by prior individual oral or written invitation or if placed earlier by a customer by phone, mail, internet or off-site sales parties.
(8) 
Home occupations must not involve the use of advertising signs or window displays, or any other device that calls attention to the business use of the dwelling through audio or visual means.
(A) 
All on-site advertising that is visible from any public street or public right-of-way or from other locations off the premises, other than advertising located on vehicles, is prohibited. For the purposes of this subsection, a vehicle is defined as a passenger automobile, passenger van, motorcycle or pick-up truck. All advertising on vehicles shall be mounted flat against or painted on the vehicle and shall not refer to the street address of the home occupation business.
(B) 
All off-site advertising, including signs, displays, billboards, television, radio and/or any other advertising medium uses that refers to the street address is prohibited, other than business stationery, business cards, the home occupation business website, newsletters and applicable trade directories.
(9) 
No machinery or equipment shall be permitted that produces noise, noxious odor, dust, smoke, fumes, vibration, glare, electrical interference or radio or electromagnetic interference beyond the boundary of the property. Only general types and sizes of machinery that are typically found in dwellings for hobby or domestic purposes shall be permitted. No use shall generate noise or glare in excess of what is typical in a residential neighborhood. No combustible materials shall be permitted on the premises that are in violation of the city's fire code.
(10) 
The operation of detail, auto repair, paint or body shop, or auto sales/leasing business, including, but not limited to, a boat, motorcycle, trailer or auto shop business, shall not be permitted as a home occupation.
(11) 
A home school shall that provides education to individuals unrelated to the primary owner/occupant of the property shall not be permitted as a home occupation.
(12) 
A home occupation is permitted as an incidental use and is secondary to the use of a dwelling. The city council may, at any time, amend this article to terminate any or all home based business uses without creating nonconforming rights to the continuance of a home-based business.
(13) 
Any person who shall willfully or intentionally violate any provision of this section shall be deemed guilty of a misdemeanor and, upon conviction shall be fined in an amount not to exceed five hundred dollars ($500.00). Each day of violation shall constitute a separate offense.
(Ordinance 08-655, sec. 1, adopted 4/10/08; 2007 Code, sec. 12-352; Ordinance 24-975 adopted 8/22/2024; Ordinance 25-988 adopted 2/27/2025)
(a) 
A person commits an offense if the person constructs or improves a project that does not comply with the requirements of this article.
(b) 
A person commits an offense if the person occupies or maintains a project in violation of the requirements of this article.
(Ordinance 08-655, sec. 1, adopted 4/10/08; 2007 Code, sec. 12-353)